Your case will be handled by Lynne Burns a qualified solicitor of over 25 years’ experience. Lynne has both a BA Hons in English and is qualified to practice law. She attended Chester College of Law and has specialised in Employment law, both contentious and non-contentious for over 25 years.
Our Approach and likely Costs
We will assess your case and, in that process, advise you as to disbursements which can arise, but no expenditure will be incurred without you approving the cost. Our objective is to achieve a settlement with which you are satisfied and to keep costs to a minimum.
The hourly rate we charge is £300 p.h. and when you receive an invoice to pay, it will be accompanied by a time record.
Counsel is often required and will be a disbursement payable in addition to our costs. It is often necessary to take advice from Counsel, that is a barrister who is a specialist in employment law and experienced in arguing cases in the Employment Tribunal. Counsel’s fees can range from an initial opinion to assess the prospect of success, but, depending on the needs of the case, it may be necessary to seek advice on an ongoing basis. If the case goes to a hearing, the fee will depend upon the number of days Counsel is involved in arguing your case before the Employment Tribunal. So, the range is from £500 to £3,000 and upwards but fees for Counsel will not be incurred without you knowing the reason and the cost for you to approve.
Experts are sometimes required and who is involved and at what level depends on the case so there might be a need for a medical report and that can range from a letter at a cost of £250 up to, if a consultant’s report is required, £2500. Your case might require a report from an IT expert and again the costs will vary depending on the nature of the report required to provide evidence in your case. Then, if there is a full hearing and the experts’ attendance is required as a witness, the expert will stipulate their fee. Expert’s fees will not be incurred without you first knowing the reason and the cost for you to approve before the cost is incurred.
As to the work included. We provide a comprehensive service which includes attendances on you, witnesses, drafting letters, documents and emails including, drafting and reviewing documents, communicating with you telephone and video conference, advising on the need for Counsel and experts and, if there is a hearing, advising and assisting you at the Employment Tribunal.
VAT. As required by law, VAT at 20% will be added to our costs and all disbursements.
Summary. We have tried to give you an overview as to possible disbursements that may be incurred in a case. Disbursements are not included in our fee for acting for you, but no disbursements will be incurred without your prior approval.
We adopt a staged approach and agree levels of fees to be incurred at each stage and then there is a pause when we consider with you: next steps, costs and disbursements. However, our overall objective is to, where it is possible, reach a mutually agreed settlement.
More information is available below.
Employment Tribunals
The costs for bringing or defending Employment Tribunal proceedings vary depending on the type and complexity of the case i.e. whether it involves multiple claims or parties, the number of witnesses involved and the number of documents which are required to be disclosed to the other side and which are disclosed by your opposing party. Factors also to be taken into consideration are the length of the main hearing and any subsequent Appeal hearings.
A straightforward case of unfair dismissal may be considered a simple case whereas discrimination and equal pay cases tend to be more complex.
It is always advisable to discuss costs at an early stage and establish if a fixed fee quotation would be appropriate for your type of case.
It is also important to remember that most cases settle before the final hearing which will considerably reduce costs. It is also possible to take the option of Judicial Mediation or Mediation through CEDR, which will reduce the overall time and costs of preparation and the necessity for a final hearing. In situation where the case proceeds to Mediation the costs charged will be at the normal hourly rate referred to below. There are no separate fees payable for Judicial Mediation but the costs of the Mediator will need to be paid in the case of a CEDR Mediation. These are usually £3000-£4000 and are split between the parties.
Costs Guidance for Employment Tribunal cases
• Issuing proceedings in an Employment Tribunal (ET1) £1500-£3000 plus VAT depending on complexity of the matter as referred to in the first paragraph above.
• Interlocutory stages e.g. applying for order or being the subject of orders by your opposite party made by the Employment Tribunal. One example of this would be an order for specific documents which you believe the other side has in its’ possession but which they have refused to disclose.
£1500-£3000 plus VAT
• Preparation of case including correspondence, telephone calls and drafting
£1000-£2500 plus VAT
• Disclosure of documents (this is called Discovery and is an essential stage of all litigation)
• Final Hearing of the case depending on length of the hearing
£3000 -£7500 plus VAT
• Appeal Hearings at the Employment Appeals Tribunal and Court of Appeal
£2500- £5000 plus VAT
Overall costs for a simple case would be £6000 increasing to £10,000-£15,000 for a more complex case. VAT would be added to these figures.
In some cases in may be preferable and advisable to instruct Counsel/ a barrister to handle the applications, advice or more usually to conduct the main hearing before the Tribunal. Counsel’s fees will be separate and vary depending on seniority and the length and complexity of the case. You will be given a quote and asked to agree these in advance.
The key stages involved in Employment Tribunal matters are:
Taking initial instructions, reviewing the documents and advising you on the strategy – on the next steps.
Preliminary advice to you on the likely value of the claim and any likely award (this is subject to change – likely to be adjusted during the matter).
Assistance regarding pre-claim conciliation to explore whether a settlement can be reached.
Preparing the claim or the response to the claim.
Reviewing and advising on the claim other response from the other party.
Considering a schedule of loss.
Preparing for and attending a Preliminary Hearing.
Agreeing a bundle of documents and exchanging it with the other party.
Taking witness statements, drafting statements and agreeing their content with witnesses.
Preparing bundles of documents for the tribunal and your advocate.
Reviewing and advising on the other party’s witness statements.
Agreeing a list of issues.
Preparation for and attendance at the final hearing, including instructing an advocate to represent you.
Advising you and – when needed – arranging representation at any preliminary hearings that may arise during the course of an Employment Tribunal claim.
Some of the factors that could make a case more complex:
When there is need to make or defend applications to amend claims or to provide further information about an existing claim.
The involvement of sector-specific regulation, such the rules of the Financial Conduct Authority.
Discrimination allegations linked to the dismissal.
Making or reacting to any interim applications made to the Employment Tribunal before the Final Hearing.
Disbursements
We incur necessary additional third-party costs – disbursements – on your behalf.
We discuss disbursements with you and agree on them in advance and then proceed on your behalf. Disbursements are for example the counsel’s fees, the fees of medical or other experts.
You don’t have to pay the third parties directly – we pay the sum on your behalf to the relevant third party.
Since disbursements are your responsibility – they are added to your invoice without mark-up.
VAT
The figures quoted above are plus VAT at 20%.
Most disbursements attract VAT at the prevailing rate.
We pass the total cost on to you. VAT is not added on to disbursements where VAT has already been added by the relevant third party.
How long it will take: From the initial instructions to the final resolution
How long it all takes depends largely on the stage at which your case is resolved.
Reaching a settlement during pre-claim conciliation, means that your case is likely to take one to two months.
Your case is likely to take longer – six to twelve months (depending on circumstances even two years) – should your claim proceed to a final hearing.
The above is an estimate and we can provide better/accurate timescale once the matter progresses. Some things are outside our control. E.g. when clerks to the Employment Tribunal list your matter to be heard.
We can’t guarantee that you achieve an outcome you desire.
