Unfair and Wrongful Dismissal Fees

Fees for unfair and wrongful dismissal

For more legal information on the relevant employment law, please see our article on ‘Dismissal’. This covers both unfair dismissal and wrongful dismissal.

For the best results you need the best team. We are confident that we provide a very high quality of service. The cost of any Employment Tribunal claim has to be looked at in context including what you will receive by negotiation or as a result of an Employment Tribunal award. To get the best results from Tribunal and out of negotiations a good solicitor will make a considerable difference.

We provide transparent pricing. There are many kinds of claims and combinations of claim, but one of the most common is for dismissal which gives a good basic model for the stages of litigation and our prices. Cases involving unlawful discrimination or whistleblowing are generally more complex and expensive.

If you have any questions, do let us know by calling 01223 776200 or sending an email to enquiries@cambridgelegal.co.uk

What are our fees?

The cost of a dismissal claim will depend on many variables, including when it settles. Most cases settle before an Employment Tribunal Hearing, sometimes even before an Employment Tribunal claim has to be lodged. Our skills of negotiation make a significant difference. Often upon settlement, the employer will pay some or all of your legal fees as part of the negotiated terms. You should check your home contents insurance policy which may include provision for the payment of legal fees in employment tribunal disputes.

• Simple cases start from £5,000 and the average case costs range from £5,000 to £15,000.
• Medium complexity cases have an average cost range from £15,000 to £30,000.
• High complexity cases have an average cost range from £30,000 to £50,000.

VAT is charged in addition at 20%. This goes to the Government.

Hourly rates

Our hourly rates are £450 plus VAT. We’ll advise you how to make best use of our time to minimise costs and get best results.

What’s included?

For more information about what employment tribunal claims involve have a look at our article on ‘Employment Tribunal Procedure’.

Each case is unique. We’ll advise in your first meeting and throughout your case what level of support is required. The following stages are typical in employment tribunal claims.

• Your initial instructions, reviewing the papers, advising on the strength of your case and likely compensation
• ACAS early conciliation to explore if a settlement can be reached
• Preparing a claim or response and reviewing and advising on the claim or response from the other party
• Investigating settlement and negotiating settlement during the case
• Preparing a Schedule of Loss which sets out how much the claim(s) are worth and how they are calculated
• Requesting information and responding to requests for information and documents
• Preparing for and attending a Preliminary Hearing at Employment Tribunal, including drafting the necessary List of Issues (list of legal questions for the final hearing of the case) and the tribunal’s  agenda of the Preliminary Hearing and agreeing these documents with the other party
• Preparing documents for disclosure and reviewing the opponent’s documents and preparing or reviewing the bundle of documents for the Employment Tribunal Hearing
• Taking witness statements, drafting statements, agreeing their content with witnesses and reviewing and advising on the other party’s witness statements
• Drafting and agreeing with the other party a chronology (timeline) and a cast list of the names of the personnel involved in the dispute (which are designed to assist the Tribunal)
• Preparation and attendance at the Employment Tribunal Hearing
• Advising throughout on strategy, strength of case and management of the case
• Dealing with all communications from the opponent or their representative throughout the proceedings
• Preparing instructions for counsel (a barrister) and conferences with counsel

You can help

You may wish to handle the claim yourself and only have our advice in relation to some areas. This can be arranged based on your individual needs and can be a way of saving costs.

What makes a case complex?

A case can become more complex for various reasons including:

• Dismissal cases that are brought with other claims such as for discrimination or for detriments because of whistleblowing
• Complex issues of loss such as loss of long term incentives, pension or career
• Where unusual orders from a judge are required such as anonymity orders
• Where a separate remedy hearing is required e.g. to work out the level of financial award to be made
• Making or defending a cost application
• Complex preliminary issues such as whether a claim has been brought in time, whether the individual is an employee, whether the case is sufficiently strong or should be struck out or multiple preliminary hearings
• Making or defending applications to amend claims or provide further information about existing claims
• Defending claims brought by litigants in person, without professional representation
• Many witnesses being called by either side
• Extensive documentation that is relevant to the claim
• The length of hearing

How long will your case take?

It depends on whether or not the case is settled and how early this happens. If settlement is reached during ACAS early conciliation it could be as little as a few days. If a claim goes to a Final Hearing it could take 26-52 weeks. Delays are also caused by the Employment Tribunal system itself.

We can provide a clearer idea when you provide more detail of your case.

Any other costs?

Employment tribunal fees were abolished in 2017 so won’t be an additional cost.

In some cases expert evidence is needed, such as a detailed medical report for which the relevant expert charges a fee.

At the final hearing you will need an advocate. We can arrange to provide you with a selection of barristers from which you can choose. We will make the necessary arrangements.

Barristers’ fees range from £1,000 to £5,000 plus VAT per day for attending an employment tribunal or court hearing. The higher fees are for Kings Counsel or KCs who are not necessary for most cases. The fees depend on the barrister’s level of experience and expertise. The daily fee for each day of attendance at tribunal or court is known as the “retainer”.  All barristers charge a preparation fee for the final hearing called a “brief fee” which includes their first day’s advocacy.  This varies between £3,000 and £20,000 plus VAT at 20% for most cases, but depends on the complexity of the case and length of the hearing. A majority of hearings are for less than a week. A lengthy hearing is likely to have a higher brief fee because of the preparation required . These fees are in addition to those set out above, but are usually only incurred if the case proceeds to an actual hearing. Many cases settle before the final hearing.

We typically do the advocacy at the preliminary hearing and at judicial mediations.

For further information on fees or employment law matters from Cambridge employment law advisers and specialists, call Cambridge Legal on 01223 776200 or send an email to enquiries@cambridgelegal.co.uk