Our services

We can help employers defend tribunal claims brought by current and former employees for a breach of employment law.  We can also help employees bring such claims.  We have experience of high-value and complex cases and as such our service is highly bespoke and will be tailored to your needs and the business sector in which you operate.

At the beginning of your matter, we will explain the scope of our services and who to contact should you have any concerns with our service.

Range of costs

Our costs for defending claims for unfair/wrongful dismissal (which may include discrimination, harassment, whistleblowing and other regulatory claims) could have a broad range. For a simple matter, our costs could be as low as £40,000-£50,000. For more complex cases, our costs could be £100,000-£150,000 (or more in particularly complex cases).  The basis of our charges will normally be based on our hourly rate for our employment specialist, Philip Davies, which is currently £575.00 per hour plus VAT (partner). 

In some limited cases and on request, we may offer to work on a fixed-fee basis. We do not take on cases on a conditional fee or damages-based arrangement.

We offer a bespoke service and each matter is unique. We can only estimate the likely costs of our Employment Tribunal services once we have discussed the matter with you and seen the papers.

Key stages

The costs estimated above are intended to cover work in relation to the following key stages of a claim:

• Taking initial instructions, reviewing the papers and initial merits assessment
• Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
• Preparing the claim or a response to the claim
• Detailed merits assessment
• Exploring settlement and negotiating settlement throughout the process
• Requesting further and better particulars of claim and/or responding to request for further and better particulars
• Preparing or considering a schedule of loss
• Preparing for (and attending) a Preliminary Hearing
• Exchanging documents by way of disclosure and agreeing a bundle of documents
• Taking witness statements, drafting statements and agreeing their content with witnesses
• Preparing a 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

The stages set out above are an indication of process. If additional stages are required, fees may increase, and if some of the stages are not required, fees may decrease.

Factors that could make a case more complex include:

• If it is necessary to make or defend applications to e.g. amend claims or to provide further information about an existing claim
• If there are co-respondents or third parties with whom we will be corresponding and exchanging pleadings
• Defending claims that are brought by litigants in person
• The number of witnesses and documents including the requirement for expert evidence (e.g. medical evidence)
• If it is an automatic unfair dismissal claim
• If the claim is brought in the context of other claims, such as discrimination, harassment or whistleblowing
• If the proceedings require advice in other jurisdictions
• If the proceedings run concurrently with settlement and/or alternative dispute resolution processes
• If there are additional regulatory considerations
• The length of any hearing(s)

What is excluded

The fees set out above would not include any further work, such as:

• Dealing with whistleblowing
• Any work required before the employment is terminated (e.g. in relation to an investigation or a grievance)
• Any work required linked to post-termination contractual provisions such as restrictive covenants
• Any work linked to unpaid remuneration (e.g. salary, bonus, pension and equity elements) as part of the employment
• Any work linked to the impact of the termination on your professional or regulatory position as a member of or a person authorised by a regulatory or professional body
• Any appeal
• Any work linked to enforcement of any judgment
• Any work regarding your reputation
• Advising on tax
• Any additional work that is necessary as a result of a change in instructions from you
• Any work in relation to an agreed mediation process

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees and counsel’s fees. We can handle the payment of disbursements on your behalf.

Counsel’s fees will vary significantly depending on level of experience, chambers, the complexity of the matter and the length of the hearing.  Counsel’s fees can be between £2,500 to £15,000 (excluding VAT) per day (depending on experience of the advocate) for attending an Employment Tribunal hearing (including preparation), but these can vary significantly.

VAT

All legal fees and disbursements incurred by UK fee earners working on UK matters would be subject to applicable standard VAT at the prevailing rate (currently 20%).

How long it will take

The time that it takes depends largely on the stage at which the case is resolved. If a settlement is reached during pre-claim ACAS Early Conciliation, the case is likely to take between one to two months.

If the claim proceeds to a Final Hearing, in our experience, it can take between 6 to 12 months, but in some cases may take longer (depending on complexity and tribunal process). We will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

You should also note that the progress of your matter will be affected by when clerks to the Employment Tribunal list your matter to be heard. This is entirely outside our control.