Employment Fees for Unfair and Wrongful Dismissal

At Chris Alexander Solicitors we provide advice and legal representation to both employers and employees in relation to claims for unfair and wrongful dismissal before an Employment Tribunal. The cost information below is provided in accordance with the SRA Transparency Rules and the Price and Service Transparency guidance issued by the Law Society. Those rules require us to provide costs information in relation to claims for wrongful and unfair dismissal.

Each case is different and the work involved can vary significantly depending upon the circumstances and evidence. For example, the costs involved in a complex and high value claim for discrimination or whistle blowing will be higher compared to a straightforward unfair dismissal claim.

We have standard fees for claims for unfair and wrongful dismissal and you can find our fees below. We will advise you on our fee upfront before commencing work on your matter. Our fees are easy to understand and we will ensure that everything about the costs associated with your case is explained to you in full. Our professional fee will not change unless the original information we are given is shown to be incorrect or circumstances change.

Our fees for advice and legal representation for employees for unfair and wrongful dismissal claims include the following services:

  • Taking your initial instructions, perusing your documents and advising you on the merits and likely compensation
  • Negotiation / pre-claim conciliation through ACAS to explore whether a settlement can be reached
  • Preparing the response when a claim has been made against you
  • Reviewing and advising on the claim or the response from the other party
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing or considering a Schedule of Loss
  • Preparing for (and attending) Case Management Hearing
  • Exchanging List of Documents and copies with the other party
  • Taking witness statements and drafting statements
  • Preparing the bundle of documents for the Final Hearing
  • Reviewing and advising on the other party’s witness statements
  • Preparation and attendance at Final Hearing, including preparing instructions to the barrister

Our fees for advice and legal representation for employers for unfair and wrongful dismissal claims include the following services:

  • Taking your initial instructions, perusing your documents and advising you a possible defence against the claim
  • Negotiation / pre-claim conciliation through ACAS to explore whether a settlement can be reached
  • Reviewing and advising on the claim
  • Preparing the response to the claim
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing for (and attending) Case Management Hearing
  • Exchanging List of Documents and copies with the other party
  • Taking witness statements and drafting statements
  • Preparing the bundle of documents for the Final Hearing
  • Reviewing and advising on the other party’s witness statements
  • Preparation and attendance at Final Hearing, including preparing instructions to the barrister

Our fees for representing both employers or employees in unfair and wrongful dismissal claims do not include the following services:

  • Disbursements, for example, instructing medical experts, barristers
  • Cost of subsequent appeal rights or judicial review proceedings
  • Change or additional instructions exceeding original instruction

Disbursements:

You will be required to pay any expenses paid or to be paid to a third party in the conduct of your matter (including any VAT element), except office expenses such as postage and courier fees.

Such expenses are usually called disbursements and you will be required to pay them directly to the relevant third party (other person or body) directly.

Barrister Fees: We expect the barrister’s fee to come between £800 – £2,500 per day (plus 20% VAT), however, we have little control over this fee and the cost can vary quite widely depending on the complexity and stage of your case. It also depends on the chambers from which your barrister is selected and their seniority or experience. We will advise you of the name and status of the barrister(s) that we will be recommending and so you will have a say in who represents you and the costs you incur.

Experts: Costs for expert witnesses are variable depending on the complexity of your case. The likely costs for an expert witness range from £150 – £350 per hour (plus 20% VAT).

Our firm is not VAT registered and our fees are therefore all VAT excluded. We offer an initial fixed consultation fee of £100 (no VAT) which covers an initial assessment of your circumstances and prospects of success and likely compensation if successful. We will advise you on the law and the way forward in relation to your matter. Thereafter we try to undertake work on a fixed fee basis where ever we can so that you are able to budget and make informed decisions.

The work for unfair and wrongful dismissal claims can vary significantly depending upon the complexity, circumstances and evidence.

Key stages and likely timescales

It is important for you to know that there are strict time limits in bringing an employment claim. The majority of employment claims must be presented at the Tribunal within three months. By law, any employee thinking of making a claim at the Employment Tribunal must first notify ACAS with details of the claim. ACAS will then attempt a conciliation the employee and the employer.

However, if a settlement cannot be reached an employee can bring a claim for unfair and wrongful dismissal to an Employment Tribunal. The employer will have 28 days to respond. The matter will then be listed for a hearing at the relevant Tribunal.

The time frame 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/negotiation, your case is likely to take 3-6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 9-12 months.

This time frame is an estimate and may change should any unforeseen complexities arise. We will always inform and provide you with a revised estimate. There may be periods when tribunals take longer in dealing with cases because of limited availability of judges or complexity of the case.

We have set out our average fee for pursuing a claim for unfair and wrongful dismissal below:

  • Simple case: £3,000 – £6,000 (no VAT)
  • Medium complexity case: £6,000 – £10,000 (no VAT)
  • High complexity case: £10,000 – £15,000 (no VAT)

Please, note that some cases settle prior to a hearing and the pre-litigation costs for negotiating a settlement generally range from around £1,000 – £2,500 (no VAT).

Factors that could make your case more complex and result in additional fees could include the following:

  • Allegations of discrimination brought with other claims
  • Make or defend applications to amend claims or provide further information about an existing claim
  • Defending claims that are brought by litigants in person
  • Making or defending a costs application
  • The number of witnesses and documents
  • Dismissal for whistleblowing and / or for health and safety related reasons

Throughout your matter we will keep you updated with your costs and inform you if we are likely to go outside an estimate of your costs. We will always agree the fees with you before undertaking the work.

As part of our aim to assist employees in getting access to justice, we are able to, where appropriate, to pursue a claim for unfair or wrongful dismissal on a ‘no win, no fee’ basis. Should your claim be unsuccessful, you will not have to pay any fee.

We offer to assist employees on the basis that our fee is 25% (no VAT) of any damages that we recover. Upon your request, we can provide with our standard no win no fee agreement for your consideration.

For more information on our services, visit the Practice Areas on our website.